CRIME, POLICE + COURTS

Utah State Bar opposes resolution aimed at state trigger law

Jan 27, 2023, 4:27 AM | Updated: 2:26 pm

SALT LAKE CITY– The Utah State Bar Association announced that it stands opposed to HJR2, a resolution that could end a judge’s hold on the state abortion ban.

In a memo obtained by KSL Newsradio, it states, “The Bar opposes HJR2 because of its effect on both access to justice and the administration of the judiciary.”

The Bar cited several reasons for it’s opposition to the resolution, including:

  • Preliminary injunctions could no longer be issued based on issues of merit.
  • Already overburdened court dockets.
  • They say it would remove judicial discretion.

“If you don’t like a judge’s ruling…you just change the rules…retroactively,” said KSL Legal Analyst Greg Skordas. “There’s just something about that…makes a lot of attorneys really uncomfortable.”

If the resolution takes affect, it could open a door for the stay on Utah’s abortion trigger law to be undone. The trigger law was put on hold while a lawsuit works it’s way through court.

HJR2 Sponsor Rep. Brady Brammer said the bill would create a clear standard for injunctions that other states have already adopted.

The resolution already passed in the Utah State House, but still needs a two-thirds majority approval in the Senate to take effect. It does not need the governor’s signature.

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Utah State Bar opposes resolution aimed at state trigger law